Divorce is one of the most stressful life events anyone can ever go through. During the divorce process, some couples step up to the plate, set aside their differences and work towards ensuring that their children receive the best parenting possible.
However, it is not uncommon for a divorce to bring out the worst in some couples. And dealing with an ex who is violating the existing custody order can be quite frustrating. If you are faced with a situation where the other parent is not respecting a custody order, it is important that you take appropriate steps to protect your rights.
So how do you respond to a spouse who is violating a custody order?
Document the violations
Evidence is the building block of any legal matter – and a violation of a custody order is a genuine legal matter.
If your ex is preventing you from seeing your children, not returning the children in time or not paying child support, it is important that you keep a journal of the violation. This way, should the matter end in court, you will have specific evidence to prove your case. In your journal, be sure to note the date of the violation, the nature of the violation and how the other party responded to your concerns.
File a contempt of court charge
Before taking the matter to court, you should consider reaching out to the other party with the intent of establishing the root of the problem. You may be able to come to a workable agreement and avoid further conflict.
However, if you are not able to resolve the matter amicably, then you should consider taking your co-parent back to court to get the order enforced. The judge can take a variety of actions, including holding your co-parent in contempt of court or even modifying your custody agreement, if appropriate.
A custody order binds the parties involved. If your ex is violating an existing custody order, it is important that you explore the legal options available at your disposal.